UNIVERSITY OF SAINT ANTHONY

(DR. SANTIAGO G. ORTEGA MEMORIAL)

CITY OF IRIGA
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Name: Rex N. De las Llagas Date: April 17. 2024
Year & Section: BSCR-3A Subject: CLJ-5

ACTIVITY IN CLJ-5
MARITAL DISQUALIFICATION RULE

1. A is married to B. A swindled the money of C. Such swindling is a fact known

to B. C filed a criminal case of Estafa against A. In Court, B is called to witness stand to
testify against her husband, A. Is B allowed to testify under the Marital Disqualification
Rule? Why or Why not?

Answer: In this situation, B is not allowed to testify under Marital Disqualification

Rule even if it is a criminal case (Estafa) because the person who filed the case is (C),
who is another person. General Rule applies. So the Marital Disqualification Rule is
applied here because the wife (B) is not allowed to testify against his husband (A). The
husband or wife can only testify against each other when a criminal case is filed by the
husband or wife themselves, direct descendants, and direct ascendants. The MDR
prevents his wife from testifying against him in court. They can only testify in criminal
cases against their spouse of the the complainant is a direct descendants direct
ascendants, wife, and husband.

2. A is married to B. C, a former business partner, filed a civil case for Recovery

of Possession of a land against A. B knows certain facts about the transaction that led
to the fact A taking possession of the subject land. In Court, B is called to witness stand
to testify against her husband, A. Is B allowed to testify under the Marital Disqualification
Rule? Why or Why not?

Answer: Same situation with the number 1, B is not allowed to testify under
Marital Disqualification Rule, even A was charged with civil case (Possession of land) by
C. It is because the complainant (C) is another person.General Rule applies. So the
Marital Disqualification Rule is applied here because the wife (B) is not allowed to testify
against his husband (A). The husband or wife can only testify against each other when
a civil is filed by the husband or wife themselves. The MDR prevents his wife from
testifying against him in court. They can only testify in civil cases filed by husband to
wife, vice versa.

3. A is married to B. A is charged with Serious Physical Injuries in a Family Court

because he injured another during an altercation in a restaurant. The said incident was
witnessed by B. During the trial, B is called to witness stand to testify against her
husband, A. Is B allowed to testify under the Marital Disqualification Rule? Why or Why
not?

Answer: In this situation, B is not allowed to testify against her husband (A) even
A is charged with criminal case (Serious Physical Injuries) it is because the complainant
 UNIVERSITY OF SAINT ANTHONY
(DR. SANTIAGO G. ORTEGA MEMORIAL)
CITY OF IRIGA
COLLEGE OF CRIMINAL JUSTICE EDUCATION
is another person. General rule applies. So the Marital Disqualification Rule is applied
here because the wife (B) is not allowed to testify against his husband (A). The husband
or wife can only testify against each other when a criminal case is filed by the husband
or wife themselves, direct descendants, and direct ascendants. The MDR prevents his
wife from testifying against him in court. They can only testify in criminal cases against
their spouse of the the complainant is a direct descendants direct ascendants, wife, and
husband.

4.A is married to B. B had child, C, with another man prior to her marriage to A.
When A and B got married, B raped C, a fact witnessed by B herself. In a case of Rape
filed against B, A is called to testify. Is A allowed to testify under the Marital
Disqualification Rule? Why or Why not?

Answer:

In this situation, A is not allowed to testify Under the Marital Disqualification rule
even if it is a criminal case (Rape) because even A and B is married, C is not the real
son of A, A and C are not related by blood, so C is not his direct descendants. General
Rule also applies here because A is not allowed to testify against B. The husband or
wife can only testify against each other when a criminal case is filed by the husband or
wife themselves, direct descendants, and direct ascendants. So the Marital
Disqualification Rule is applied here because A is not allowed to testify against his wife
(B). The MDR prevents his husband from testifying against him in court. Also the
exemption did not apply here because it can only be applied if C is a direct descendant
of her husband.

5. A is married to B. B had child, C, with another man prior to her marriage to A.

When A and B got married, C is already earning money more than enough for her ( C )
lavish lifestyle. C, with some convincing from her ( B ) mother, lend money to A. For A’s
failure to pay C, C filed a civil case of Collection of Sum of Money against A. In Court, B
is called to witness stand to testify against her husband, A. Is B allowed to testify under
the Marital Disqualification Rule? Why or Why not?

Answer: In this situation, B is not allowed to testify under Marital Disqualification

Rule even if A is charged of Civil Case because, even C is a direct descendant of B,
when it comes to civil cases, the husband or the wife can only testify if the civil case
filed against each other. Civil case filed by the husband against the wife, and vice versa.
So the Marital Disqualification Rule is applied here Because B is not allowed to testify
against his husband (A). The MDR prevents his wife from testifying against him in court.
Also the exemption did not apply here because a direct ascendant is not applicable in
civil cases.

6. A is married to B. B is charged with Attempted Homicide for having tried to kill

C, the father of A. B witnessed the incident that transpired during a birthday party of a
 UNIVERSITY OF SAINT ANTHONY
(DR. SANTIAGO G. ORTEGA MEMORIAL)
CITY OF IRIGA
COLLEGE OF CRIMINAL JUSTICE EDUCATION
friend. In Court, A is called to witness stand to testify against her husband, B. Is A
allowed to testify under the Marital Disqualification Rule? Why or Why not?

Answer: In this situation, A is allowed to testify against his wife (B) under Marital
Disqualification Rule because B is charged with Criminal Case(Attempted Homicide) by
the direct descendant of A(Father). Exemption applies here because according to the
exemption, if criminal case is filed by a direct descendant, the spouse can testify. So the
Marital Disqualification Rule is not applied here because A is allowed to testify against
his wife (B). The MDR allows A to testify against his wife (B) because according to the
exemption, they can testify in criminal cases if the complainant Is the husband, wife,
direct ascendants, and direct descendants of the spouse.

7. A is married to B. C is the mother of A. C filed a case for Collection of Sum of

Money against B for the money B borrowed from her ( C ). A knows about the debt
because she was the one who convinced her mother ( C) to lend B some money. In
Court, A is called to witness stand to testify against her husband, B. Is A allowed to
testify under the Marital Disqualification Rule? Why or Why not?

Answer: In this situation, A cannot testify under the Marital Disqualification Rule
against B in the civil case (Collection of Sum of Money) filed by the mother of A. The
general rule still applies here because even if the ascendant of A (mother) filed the case
against B, when it comes to civil cases, the husband or the wife can only testify if the
civil case filed against each other. Civil case filed by the husband against the wife, and
vice versa. So the Marital Disqualification Rule is applied here Because A is not allowed
to testify against his wife (B). The MDR prevents his husband from testifying against her
in court. Also the exemption did not apply here because a direct ascendant is not
applicable in civil cases.

Privileged Communications

1. A is married to B. During their marriage, A confided to B that he (A) had

swindled money from the company he was working in. Their marriage was subsequently
declared null and void, and the judgment had long attained finality. The company then
filed a case for Qualified Theft against A for which B is being sought to be a witness. Is
B allowed to testify against A, her former husband? Why or why not.

Answer: Yes, B is allowed to testify against A. because one of the element in the
Marital Privilege Communications is there should be a valid marriage between husband
and wife. Since their marriage is declared null and void, the Marital Privilege
Communications is no longer applicable. The marital privilege communications allows B
to testify against his husband (A) because according to the general rule, it is only
applicable if there is a valid marriage.
 UNIVERSITY OF SAINT ANTHONY
(DR. SANTIAGO G. ORTEGA MEMORIAL)
CITY OF IRIGA
COLLEGE OF CRIMINAL JUSTICE EDUCATION
2. Same problem in No. 1, but the marriage of A and B was not declared null and
void. Is B still allowed to testify against his husband A? Why or why not?

Answer: No, B is not allowed to testify against his husband under Marital
Privilege Communications even A is charged with criminal case (Qualified Theft)
because the complainant is another person. Since their marriage is valid unlike the
situation in number 1. General rule will apply here because B is not allowed to testify
against his husband. The exemption here is not applicable because a wife or husband
only can testify against each other if the complainant is a direct ascendants, direct
descendants, wife and husband.

3. A wanted to kill B. C is A’s friend and a lawyer. A consulted C and asked him
legal questions so that he would not be criminally liable. A proceeded to kill B. During
the trial for Murder, C is to be presented by the prosecution. A and C objected on ground
of Attorney-Client Privilege. Are A and C correct?

Answer: No, because A asked C(Attorney) what the legal questions were so that
he would not be liable. And because C is A's friend, C answered him and what C said
motivated A to commit the planned crime. Attorney-Client Privilege is not applicable here
because of the exemption of Furtherance of crime or fraud. If the services or advice of
the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit
what the client knew or reasonably should have known to be a crime or fraud.

4. Same facts as No. 3, but A did not consult C until after he killed B. During the
trial for Murder, C is to be presented by the prosecution. A and C objected on ground of
Attorney-Client Privilege. Are A and C correct?

Answer: Yes, because C (Attorney) didn't know what A did and C didn't do
anything to accomplish what A did. C also did not violate any exemption in Attorney-
Client Privilege, so what they did was right.

5. A confessed to B, a pastor in their church. A confessed that he had been

unfaithful to his wife, C, and in fact sired another child with D. C filed a case of
Concubinage against A and D. During the trial for Concubinage, B is to be presented by
the prosecution. A and D objected on ground of Privileged Communication between a
Pastor and a Penitent. Are A and D correct?

Answer: Yes, because the pastor didn't tell anyone else about what he and A
had talked about. So Priest/Minister-Penitent Privilege is applicable here and A and D
are correct.

6. Same fact as number 5, except that B is not really a pastor. A only believed in
good faith that B was a pastor when he confessed. During the trial for Concubinage, B
is to be presented by the prosecution. Prosecution states that Minister-Penitent
Privilege does not apply because B is not a pastor.
 UNIVERSITY OF SAINT ANTHONY
(DR. SANTIAGO G. ORTEGA MEMORIAL)
CITY OF IRIGA
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Answer: No, because according to this rule in Minister-Penitent Privilege, they
are not only referring to pastor. But also to minister and a person whom reasonably
believed by the penitent to share his confession. Because priest and minister in the
church do believed of the discipline in their church not to disclose a confidential
information.